It is HD’s intent to provide its Customers with good quality Services where reasonably possible.

All Services are provided on an “as is, as available” basis.

We suggest you (hereon referred to as the “Customer”, “you” or “Client” thoroughly read and familiarise
yourself with these terms and conditions and policies to ensure you understand the terms and conditions and
policies relating to the agreement you are entering into with HD Net Limited (hereon referred to as “HD”
Unlimited Internet “UI”, “we” or “us”).

Unlimited Internet is a division and brand of HD Net Limited.

Where applicable you should ensure you read the Specific Terms contained within this agreement to ensure you
are familiar with the specific terms for the product.

Definitions for this Agreement at contained in Schedule One of this Agreement.

The customer and any/all of their associates using our Services are responsible for their actions and activities.

It is the Customers responsibility to maintain the security of personal information, including any credit card details.

The Customer is responsible for any content viewed or obtained using our Services and for content viewed by others using the Customer’s account or connection. HD do not accept responsibility for filtering content deemed objectionable.

The Customer warrants that they will take all necessary steps to protect their personal information from unauthorised access, including but not limited to, signing off after the use of a publicly shared computer.

You agree to ensure that no minor will use our service with an account ID allocated to your customer account unless they have your express permission and are under your personal supervision.

The Customer warrants that it will provide accurate, timely and relevant information to HD in relation to any matters which HD may require for the purposes of updating information. It is the Customer’s responsibility to provide HD with a valid email address that allows emails from HD the get through your spam filter. HD accepts no liability for disruption to services due to inability to contact the Customer.

The Customer warrants that:

The Customer has full power and authority to enter into and perform the contract;

All information provided by the Customer to HD shall be complete, accurate and not misleading;

The Customer will comply with all its duties under any data protection laws and regulations applicable to the Customer’s operations;

The Customer’s performance of its obligations under the contract will not infringe the Intellectual Property Rights of HD or any third party; and

None of the information or materials supplied by the Customer to HD shall be libelous, obscene or abusive nor shall it breach any law or regulation or give rise to any legal claims of any sort.

Additional Service Agreement(s) specific to any Service or Services, which you will agree to when purchasing or applying for that Service or Services.

Your application forms for the initial account and for any Services ordered subsequently or in the future, including any information supplied by you on such forms.

HD's Acceptable Use and Fair Use policies.

HD's Privacy Policy.

Any other policies which HD formally adopts from time to time.

To the extent that there is any uncertainty in the construction of the terms of this contract, the definitions listed in Schedule 1 shall be used to construe the proper meaning of the terms of this contract or the terms shall be construed in the ordinary meaning.

Reasonable and Reasonableness. All commitments and obligations on HD and the Customer are to be interpreted under the standard of care of reasonable or reasonableness. Any disputes necessitating judicial interpretation will be under this standard.

HD does not guarantee continuous service. Due to the nature of the internet and service provided are reliant on factors outside of HD’s control we cannot guarantee specific levels of performance. We will use reasonable endeavours to provide you with consistent and reliable service. We will endeavour to inform you, and attempt to resolve them, as soon as reasonably possible.

HD gives no warranty, express or implied, for the Product/Services, including any reimbursement for losses of income due to disruption of Services by HD or its providers for any amount greater than the fees paid by the Customer to HD for the Services. The Customer irrevocably, waives all right to claim reimbursements for lost business income as a result of interruptions to Product/Services provided by HD. For residential clients this does not negate right to a reasonably proven claim or remedy under the Fair Trading Act 1986, or Consumer Guarantees Act 1993.

We may vary the Product/Service, price or terms and conditions and policies from time to time, or decide to stop providing a particular Product/Service.

Month by month residential contracts and web hosting contracts are not of a fixed term nature, as a one-off transaction, the service is renewed on a month by month basis until the customer gives 30 days notice to terminate.

If you are signing up for a fixed term contract and cancel for whatever reason prior to the maturity date of the fixed term an Early Contract Termination Fee will apply.

For HD business clients please also read Data Centre and Business Service Specific Terms and Conditions under Clause 28. Note that business clients cannot enter into residential contracts and any such contract may be cancelled without notice.

Not all services are available in all areas and broadband speeds do vary.

Factors which impact on speed include but are not limited to how close your premises is to an exchange, your
computer’s capability, modem, connection and wiring, Wi-Fi, interference from electrical devices, the
location and quality of the websites you choose to view, and any software you may have downloaded (malicious
or otherwise).

The day-to-day performance can and will also be affected by the number of users in your household and also on
our network or the network of 3rd parties that we use to provide the service to you

We will use all reasonable endeavors to make our services available to you at all times. However, our
services rely on us using networks and services owned by other people. As a result we cannot promise that
our services will always be available or fully functioning. If our services are unavailable for any reason,
we will endeavor to restore them as soon as possible.

Any rights and obligations provided under these terms and conditions to you as a customer work alongside any statutory rights provided by the Consumer Guarantees Act 1993, and The Fair Trading Act 1986. In no way do these terms and conditions contract the consumer out of these statutory rights.

Eligibility you must:

be at least 18 years of age

provide us with your full legal name (first name and last name), date of birth, contact details including service address and a valid email address and acceptable identification if requested to do so

qualify under our credit policy (including not having an outstanding debt with us);

it is your responsibility to declare any disability or medical condition that requires you to have uninterrupted service. This must be declared on the day of sign up.

You must ensure that all the information you provide is accurate and complete.

You are responsible for providing correct information and keeping it up to date i.e. change of address or contact details.

Credit & Identity checks: As part of your application we reserve the right to verify your identity and credit status with our authorised suppliers. You authorise us to conduct a credit check with any credit agency for that purpose. Subject to the privacy laws, we will not disclose our credit criteria or the reasons for our decision. We do not accept the accuracy of any information provided to us about you by a credit reference agency.

By ordering a new connection, reconnection, or second line at a property, you agree to pay a Line Installation fee.

Charges will apply in addition to connection and wiring fees for a new connection or reconnection where no standard POTS (telephone) connections are currently available. It is your responsibility to ensure you supply HD all the relevant information possible, including the telephone number previously connected at the address, to allow our suppliers to assess the availability of connections. If there is a lack of sufficient information provided, our suppliers may be unable to identify any previous connections at your address. This could result in our suppliers deeming it a brand new connection. In this case, they will assign you a new connection to your location, and Line Installation charges may apply.

You must have the authorisation of the telephone account holder.

You must supply current supplier information such as account number, Service Provider etc.

In the event of transferring Internet Services to HD, please do not terminate the current Internet Service until you receive a ready for service date (RFS) from us. Once you have received the date, you can cancel your previous service from that date. Failing to follow this instruction could result in an extra cost and or interruption to your services.

It may take up to three months before your Internet connection is established.

Please check the contract status with your current provider before signing up. HD will not be held liable for any early termination fees charged by your previous provider.

The day you signup is the start of your billing period, if you are not connected for up to 7 days after the signup date, we will not refund these 7 days or change your start of billing date.

Our suppliers may apply charges at their prevailing rates for any additional works done such as wiring, technician visits and other such work conducted by them or their subsidiary companies or contractors in relation to the provisioning or management of Services supplied, HD will on charge these to the Customer at cost plus 10%.

All services come with no performance guarantees or service level guarantees, due to circumstances outside of our control.

HD will never pay technician/service costs for any work required within your property.

Third Party terms: You are required to agree to our suppliers terms so we can deliver the services to you. Copies of any applicable supplier terms will be made available to you as requested or published on supplier's websites, or both.

Acceptance by us: We are not obliged to provide services to you unless we accept your application. Acceptance of your application is at our sole discretion. We may impose additional conditions of accepting your application. We do not accept liability for not accepting your application. If we decide not to accept your application, we will refund any payment that you have made to us during the application process.

If you are changing/moving to another address, a relocation fee will apply. You may request a specific date for service connection giving 14 days’ notice. There is no guarantee given that we will be able to provide the same or any plans or services at a new address. If there is no intact DSL connection at the new address, a fee may apply instead, refer our Charges Schedule on our website.

For VOIP for month by month plans all call minutes are on a prepaid basis. For contract terms where you have used all the minutes allocated to your plan for the remainder of the month you will need to purchase additional minutes on a prepaid basis. Extra minutes can be purchased by going to our Account Portal and purchasing extra minutes, payment for this is by Credit Card only. Minutes are reset each month on the anniversary of the order placement, minutes do not carry over to the next month.

If you have any issues or concerns with the billing it is your responsibility to bring this to our attention by making contact with us via email or phone.

If you make a credit card payment online through our website, you will receive a payment confirmation notice via email.

If you have received our order confirmation notice, you will receive our invoice.

Invoices are automatically generated monthly and emailed to you 28 days before the due date, except for you first invoice which will be generated at the placement of an order for a service and is due immediately.

Payment allocation, unless a remittance advice is provided by you and emailed to accounts@hd.net.nz all monies paid will be applied to the oldest unpaid invoice and any associated late fees and penalties first before any remaining funds are applied to newer/current invoices

By saving your credit card details online or granting us direct debit authority you are accepting and authorizing us to manually or automatically deduct overdue funds directly from your credit card or bank account on the due date of any unpaid invoice.

Credit card payments will be taken by HD one day prior to the due date of the invoice. Where a credit card payment fails we will attempt to take the payment including any late fees every 7 days until successful. For unsuccessful direct debits we will attempt to take the payment within 5 days of the original payment.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other reversal of payment by you in connection with the Service, your Service may be suspended without notice. A chargeback fee of NZ$50 will apply.

Pricing may increase at our discretion. This might be due to, but not limited to circumstances such as increasing operating costs such as power, bandwidth and/or administration costs. Any such price increase that affects your regular monthly invoice will be communicated to you with 30 days’ notice of such increase.

For ad hoc charges and fees HD reserves the right to amend these as required and by updating and publishing these on our website you have deemed to accept these.

HD does not accept credit cards as a once off payment for option for recurring services unless explicitly stated and pre-arranged with HD, when providing credit card details as a means of payment the Customer accepts that these details will be securely linked to their account and outstanding amounts on any invoices generated will be deducted from their credit card once the invoice becomes due

If at any time HD has reasonable concerns about the Customer’s creditworthiness, or its ability to comply with the terms of this agreement, then HD may require that the Customer do one or more of the following:

Bond: Provide HD with an amount equal to three (3) months estimated charges.

Letter of credit: Provide a letter of credit to HD from your bank.

Guarantee: provide a personal Director’s guarantee in support of the Customer’s obligations under this agreement.

Trade references: Provide trade references from three creditors.

HD does not offer any Credit Services to its Customers.

The Customer acknowledges that HD has the right to pass on any extra costs incurred that arise from a complication during the install of either ADSL2+, Naked ADSL2+, VDSL2, Naked VDSL2, HSNS and Fibre Services at cost plus 10%.

Promotions, At the end of a promotional campaign, current products and services fees will be charged at the normal billing cycle unless otherwise stated or product(s) duly cancelled by you.

Our fees for each Service are displayed on our website. Prices are stated in New Zealand Dollars and unless explicitly stated otherwise are exclusive of GST.

Customers paying USD dollars via Paypal for NZD value invoices are advised that the exchange rate between NZD and USD is not equal to the market exchange rate. We manually set this once per year based on a NZD/USD value ratio, any differences between the two, up or down are non refundable or collectible, we do this to keep our monthly fee to our customer stable.

HD will not provide refunds to any active customer if you pay more than the invoice value and/or make extra payments towards an account balance. Any additional credit balance left is assigned as “Account Credit” and cannot be withdrawn as cash.

Under the circumstance in which you have canceled your service, it is your responsibility to ensure you stop all automatic payments after the final payment has been made. HD does not provide refunds to credit cards, all refunds deemed acceptable to HD are refunded via Bank Transfer only.

We reserve the right to take up to 30 business days to review and process your refund request, (if acceptable to HD).

We do not refund the “Admin Fee” - This is non-refundable in the case that you choose not to proceed with our service, when in fact, we can provide you with service.

HD will provide a full refund in direct correlation with the Consumer Guarantees Act 1993, only in the circumstance you pay for a service of which we later find we cannot provide to that location.

Where deemed acceptable and reasonable by HD. You may request a payment plan for outstanding Service Charges.
This needs to be agreed to by the HD accounts team either directly or through customer service by email.

We reserve the right to add a Payment Plan fee to all payment plans - refer our Charge Schedule on our
website.

A payment plan request and associated fee relate to one single outstanding invoice. In the case where
multiple outstanding invoices are agreed to be put under payment plan, our payment plan fee will be added to
each outstanding invoice.

It is your responsibility to communicate with HD, if or when your circumstances change and you find it
necessary to request a payment plan. You will need to communicate your circumstances before your invoices
due date to avoid incurring late fees on your invoice.

If your request of a payment plan is accepted, under no circumstances must it exceed more than 3 months to
complete.

HD will accept no less than $15 per week as a minimum amount on all payment plans.

HD reserves the right to decline any payment plan request at our discretion.

If your have selected a Fixed Contract Term, then you must remain for the term you have chosen. If you cancel within the Fixed Contract Term for whatever reason, you will be required to pay our Early Contract Termination fee. See our Charges Schedule for details.

On completion of your initial fixed term your contract will revert to month by month and you will be required to give 30 days notice of cancellation to terminate thereafter.

Any account that still has an overdue balance 20 days after the due date of invoice will be terminated by us without prejudice.

This contract may be terminated by HD without cause, by giving the Customer written notice. This notice shall be delivered via email with the termination date set as the end of the Customers current billing cycle.

If the Customer pays annually and wishes to cancel the service before their next due date; in such case, HD shall not refund any monies for the remaining period.

HD may, at its sole discretion, restrict, suspend, or terminate an account at any time if, in its opinion, the Customer has failed to abide by this or are in breach of contract or the Acceptable Use Policy, or any other policy relating to HD’s operations and any future policy or change of policy which is determined as being necessary at the sole discretion of HD, or any use we deem to be detrimental to our network and other customers use of the network. In such case, HD shall be entitled to all reasonable costs and expenses of such enforcement including collection fees, court costs and legal fees.

The Customer must give 30 days’ before termination or cancellation of any service takes place. All termination requests must be done by contacting our customer support through the online ticket system or by email. During the 30 days notice period, we will continue to provide the service. We will charge you the full notice period even if you request an earlier disconnection.

HD will be entitled to payment for the balance of the month where less than one month’s notice is given.

In such cases, if the service is cancelled without due notice by the Customer, HD is not responsible for saving or returning any data, files or directories.

HD reserves the right to cease immediately without liability to provide the Service and to terminate the Agreement if you should go into liquidation or bankruptcy.

We reserve the right to pass on your first, last name, email, address and DOB to a debt collection agency. Please NOTE: The Customer accepts that their credit rating may be adversely affected during the debt collection process.

If your account is more than 30 days overdue then we reserve the right to hand over all customer accounts, records, logs and other information relevant to the acceptance of the services taken and account related communications, over to our debt collection agency.

We will add a Collection Fee to any debts sent to our collection agency, refer the Charges Schedule on our website.

The customer accepts that they will be liable for all costs incurred as a consequence of recovering an outstanding debt.

HD also offers additional services you should refer to the specific clauses for that service/product. Charges for additional services can be seen on our website.

You also agree that we can apply as required our service charges and fees, these are contained on our website www.hd.net.nz/servicecharges. We reserve the right to modify these as required from time to time and by updating these on our website you accept these charges.

Transfer by the Customer: You may not transfer or assign our agreement or the services to another person without our prior written consent. We will not unreasonably withhold our consent, provided that the person you intend to transfer this agreement to meet the eligibility criteria described in this agreement and consents to the transfer.

Transfer by HD: HD may transfer or assign our Agreement or the delivery of Services in connection with a merger, consolidation, internal reorganisation or sale of all or substantially of our business to which this Agreement relates to. We will do our best to give you reasonable advance notice if we wish to do so.

16.1 HD reserves the right to disclose information about the Customer requested for a lawful purpose by a third party organisation and without limiting the total scope of what HD will disclose. HD will disclose information in the following circumstances:

(a) Where HD is required to do so by law;

(b) For the purpose of the transfer of a business asset;

(d) From time to time be required to share your information with third party suppliers to enable the services to be provided;

(e) To enforce or apply its Services and other contracts; or protect the rights, property or safety of HD, its users or others. This includes exchanging information with other companies and organisation’s for fraud protection and credit risk reduction and debt collection purposes;

16.2 From time to time, HD will collect information entered through our website, given by telephone or through electronic mail for billing purposes, HD will also collect credit card information and billing addresses. The Customer agrees to allow HD to collect and hold this information for relevant business purposes.

16.3 The Customer agree that HD may use personal information stored by HD in order to contact the Customer by electronic mail concerning the use of services and other promotional marketing material regarding HD’s business Services, Operations and Products.

16.4 Subject to exceptions provided explicitly by the Privacy Act relating to data collected by HD relating to the Customer such as, but not limited to credit information, the Customer waives any right it may have to claim against HD .

16.5 HD may publicly refer to you orally and in writing as a customer of HD.

16.6 While we take all reasonable security precautions, the nature of Telecommunications Services means that we cannot guarantee the confidentiality of any calls or transmissions you make using our Product/Services.

16.7 We use Google Analytics remarketing codes to log when users view specific pages or take specific actions on the HD website. This allows us to provide targeted advertising in the future. If you do not wish to receive this kind of advertising from us in the future you can opt out using the opt out function on our website.

Though we provide you with a Static IP, xDSL connections are not intended for hosting publicly accessible sites or services, this is banned on our network and default hosting ports are blocked.

Using an xDSL connection to host publicly accessible sites or services is considered a breach of these terms, as such if you cause interruption of service on HD’s (or its upstream providers) networks, you will be held liable for the costs associated, including, but not limited to, reparation to affected Customers and costs of restoration.

HD uses Carrier Grade NAT. This will not interfere with most uses of the internet, however a static IP address is available to you upon request there is an additional cost for this, refer to Service Charges on our website for details.

As a means of protecting our clients, we have Port Protection policy which is enabled by default this restricts access to certain high-risk ports. These ports are not typically required for normal residential use and are often associated with compromised, vulnerable or commercial services. Should you require to expose an internet facing TCP/UDP port for non-commercial personal use this can still be achieved using a non-standard port.

If you wish to run ISP/Wireless Services backhauled by xDSL, then we require you to purchase your own subnet IP range (framed-IP) and bandwidth pool.

We cannot guarantee that your static IP will remain the same. For various reasons it may change at any time for network requirements or something else and if it does we will endeavour to let you know of its change as soon as practicable.

We or another Telecommunications Service Provider may allocate telephone numbers to your business to enable you to use the Services. Allocation of telephone numbers does not confer any ownership rights in those telephone numbers and your business may not transfer those numbers to anyone else.

HD maintains control and ownership of all IP numbers and addresses that may be assigned to the Customer and reserves the right to change or remove any and all IP numbers and addresses to the Customer’s service. If we need to make a change, we will give the customer at least 48 hours prior warning.

If you or we disconnect your connection(s) to the Services, and you have not ported or otherwise transferred the phone number(s) prior to disconnection, we may reallocate the phone number(s) to another Customer.

In relation to the use of a particular amount of bandwidth, upon purchase of a Product through this website, the Customer agrees to abide by the terms of clauses 20 and 21.

Any faulty equipment that we supplied to you will need to be returned at your cost. The equipment can then be analysed and assessed by our staff to determine if a replacement is required.

We are not liable for any hardware, performance, fault or firmware issue of any third party equipment purchased independently from HD by the customer from any retail shops.

We cannot guarantee your Wi-Fi speed as there are many limitations outside of our control which can include but are not limited to: range, interference, different hardware brands, specifications and local conditions.

You are responsible for any telephone sockets and wiring inside your home/premise and for fixing any faults in them. You are also responsible for any other wiring or equipment in your home/premises such as alarms systems connected to the network or subscription television wiring.

You will allow us to contact you to test the configuration of your equipment from time to time and comply with any directions given to you to reconfigure your equipment if we reasonably believe it is necessary to do so.

Without prejudice to or derogation from any of its general rights of termination, as provided herein HD reserves the right to immediately terminate, without notice, any service provided to the Customer which violates or fails to comply with our "Acceptable Use Policy".

a) HD’s Acceptable Use and Fair Use Policies applies to any Customer using any of our Services, either directly or indirectly.

b) This Acceptable Use and Fair Use Policies applies to any HD Services being purchased or given for free.

(a) Undertake any unlawful purpose. This includes, but is not limited to, posting, storing, transmitting or disseminating information, data or material which is libellous, objectionable obscene, unlawful, threatening, defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offence.

(b) Violate the law of any foreign state or in particular the laws of the country in which the Customer resides.

(c) Impersonate any person, entity or computer address, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar activity.

(d) Engage in any form of harassment, or repeated transmission of such messages.

(e) Access any other person’s computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to negate the user authentication or security of any host, network, or account.

(f) Interfere with the computer networking or Telecommunications Service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a Service, and attempts to “crash” a host.

(h) Infringe any copyright, patent, trademark, trade secret or other intellectual property right registered in New Zealand, any other country or under an international agreement.

(i) Publish material which consists of any form of occult, illegal activities, racism and hate speech, violence, phishing, scams, plagiarism, hacking, stolen Internet content, malware, spam URLs or other unacceptable content as determined in the sole and exclusive discretion of HD.

(j) Introduce harmful or destructive software or data (such as Trojan horses, worms, viruses or bots) to interfere in any way with any system on the Internet.

Excessive use of any unlimited service may result in a warning and ultimately cancellation of this type of services if use is not moderated to agreed levels.

If, at HD’s sole discretion it is decided that a Customer’s usage of an unlimited Service is grossly and/or repeatedly excessive then HD may issue a warning to the customer. If the usage levels are not then reduced HD may terminate or limit access to unlimited Services. HD will provide ten days’ notice to any Customers affected under this policy.

In this situation HD may at its own discretion choose to waive, or choose not to waive any penalties applying for early termination as this applies specifically to the unlimited service.

Network Abuse is strictly prohibited. HD may terminate, alter or suspend Service immediately and may charge for any remedial or other work required as a result of any Network Abuse at HD’s sole discretion.

You can use our bandwidth for any purpose other than that outlined in our Acceptable Usage Policy - Clause 20.

The term “unmetered” or “unlimited” bandwidth means “fair use”, without hidden data charges.

It is important to HD that all eligible Customers are able to access our Services, and get the best possible experience. For this reason, and to ensure the provision of a quality Service, a Fair Use Policy applies to some of our Services where your usage can affect that of other Customers. We have developed this Fair Use Policy by reference to an average of Customer profiles and estimated use of our Services.

We may issue a warning or suspend your Services under this Fair Use Policy where in our reasonable opinion your use of our Services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month.

If, after we have requested that you stop or alter your use to come within our Fair Use Policy, your excessive or unreasonable use continues, we may without further notice, apply charges to your account for the excessive and/or unreasonable element of your use; suspend, modify or restrict your use of our Services or withdraw your access to in order to protect other users on our network and our upstream providers, we reserve the right to limit or restrict, via traffic management systems, any connection which we deem to be using an extreme, excessive and unusually heavy amount of bandwidth, at our sole discretion.

the Services.

Bandwidth allocated to unlimited internet users is reviewed and increased as required, but at any time there is a fixed amount of bandwidth available. The aim of this clause of the Fair Use Policy is to ensure that the experience of the vast majority of unlimited internet users is not compromised by the extreme and unreasonable usage of a few. HD reserves the right to modify (through speed and other variables) the behaviour of individual users that frequently use significantly more data than the majority of the unlimited users and/or use their internet service in a way that negatively affects the experience of other users. If an unlimited internet customer is found to be in the top 1% to 5% of users and their usage is negatively impacting the network, HD may attempt to communicate with the user asking them to modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in clause 20.

You acknowledge that HD does not and cannot in any way supervise, edit or control the content and form of any information or data accessed through the internet, and HD shall not be held responsible in any way for any content or information accessed via the Service. Furthermore, HD disclaims all or any responsibility or liability for any material on the internet that you may find offensive, upsetting, defamatory, and personally offensive and in any way unsuitable for minors.

Some internet sites may have embedded within them the ability to program your modem to dial overseas numbers without your knowledge or direction. You are liable for any charges arising from such calls and HD accepts no liability for such charges.

You are not permitted to operate hosted services from our Broadband and/or UFB Services and you are not permitted to on-sell this Service without written approval from HD.

If you are on an “unmetered” or “unlimited” plan, the Customer will be provided with unmetered national (within New Zealand) and international bandwidth per month. Bandwidth use forms part of our Fair Use policy Clause 21.

Customers must agree to our “Fair Use” and if heavy amounts of bandwidth are used that affect the performance of our CIR upstream connections, other available options will be offered to the Customer.

For ‘Unlimited’ shared Hosting services, there is no bandwidth or storage space limit. However, ‘Unlimited’ shared hosting services are not intended to support the needs of large enterprises that require substantial bandwidth and storage. To ensure that our shared hosting is reliable and available for all of our small business users, your usage cannot adversely affect the performance of other customers' sites. Using our ‘Unlimited’ shared hosting services as online storage space for archived electronic files is prohibited. You agree that if your bandwidth and storage space usage adversely affects other customers on our shared hosting platform, HD may suspend or terminate your Hosting

Bandwidth management (traffic shaping) is employed on different Services and times within the HD Network to ensure Service to priority applications and to avoid filling our links to capacity.

"Shared Pool" offers are subject to clauses 20 and 21 and do mean "unmetered" or "unlimited" bandwidth.

For the purposes of this clause, a “virus” is a computer program or a code or portion of a computer program which is intentionally created and programmed to cause damage to, corrupt, hinder, crash, tie up or otherwise create negative effects on a computer system. HD shall not be responsible for any incidental, consequential or special damages, whether foreseen or foreseeable, or whether they have been informed of the possibility thereof and take no actions to prevent the same.

The Customer gives HD the right to immediately, and at the sole and exclusive discretion of HD, delete any file on the server systems or data network which is operating as a computer virus as defined at the discretion of HD. The Customer also waives any right to claim against HD in relation to damage caused by a computer virus transmitted through HD’s servers or data network. The Customer also undertakes to immediately notify HD of any file in existence on HD’s servers or data network which is potentially a threat to the integrity, security or value of HD’s servers and data network.

23.1 Notwithstanding anything else in the contract, HD shall not be liable to the Customer for loss of profits, contracts, loss of reputation, loss caused by any third party deleting, removing, deactivating or tampering with the HD Service or other indirect or consequential loss whether arising from negligence, breach of contract or howsoever.

23.2 Subject to the exceptions provided under the Fair Trading Act 1986 and the Consumer Guarantees Act 1993 the Customer agrees to indemnify HD and its affiliates, licensors and suppliers harmless from any and all proceedings, fees, expenses, payments, liabilities, injury, costs, loss, claim and expense including reasonable solicitor’s fees and damages arising out of:

a) The breach by the Customer of any of its obligations under the contract; and

b) Any express or implied warranties, representations, confirmations or acknowledgements that are given by the Customer which are untrue or misleading.

23.3 The Customer agrees that HD shall not be liable to the Customer for any force majeure event (unavoidable event) being any situation (other than a failure to pay money due to the other party) in which HD fails to comply with its obligations under the contract due to anything beyond its reasonable control. Such circumstances comprise, but are not confined to, acts of God, war, riots and sabotage, technological deficiency in the Internet or telecommunications systems or similar.

23.4 The Customer agree that HD shall not be liable to the Customer for loss arising from or in connection with any representations, agreements, statements or undertakings made prior to the date of execution of the contract other than those representations, agreements, statements or undertakings confirmed by a duly authorised representative of HD in writing or expressly incorporated or referred to in the contract.

23.5 This contract represents the entire understanding between Customer and HD, regarding Customer’s relationship and supersedes any prior statements or representations.

24.1 HD gives no warranties in relation to any of the Product/Services content, goods or services provided
through its websites. HD does not guarantee in any way the merchantability, quality or use of Products
purchased through the site.

24.2 HD make every reasonable endeavour to ensure the services provided are fit for purpose in line with
industry standards for reasonable performance and service level of the service purchased. However, all
services come with no guarantee of performance or service level due to circumstances beyond our control.

24.3 The Customer warrants to HD that they will use the Product/Services provided by HD in a manner
consistent with the laws of New Zealand and any local laws to which the Customer is subject in its use of
the Internet. The Customer further indemnifies HD against all liability for the illegal use of the Internet
and any criminal, civil or other sanctions which may result from the illegal use of the Internet in any and
all jurisdictions in which the Customer operates using HD’s Network in any way.

24.4 The Customer warrants that they are in possession of the following and that they waive any legal right
to claim against HD in relation to loss of damage resulting from the absence of the following:

a) An Internet connection with sufficient bandwidth and quality to allow trouble-free browsing and data
uploading and downloading;

b) A fully functional Internet browser;

c) Suitable and necessary tools to develop and publish content; and

d) Tools with which to access database servers.

24.5 Compensation and Liability – Subject to the exceptions provided under the Fair Trading Act 1986
and the Consumer Guarantees Act 1993, HD and any of its affiliates, dealers or suppliers are not liable for
any indirect or consequential damages including damages for loss of business, business profits, litigation
judgments or the cost of legal fees whether based on any claim for breach of contract, breach of warranty,
tort, negligence, product liability or any other claim which the customer may raise against HD. Any
exception provided under the Fair Trading Act 1986, or Consumer Guarantees Act 1993 shall be determined
under the standard of reasonableness. This term is to subsist despite any advice from the customer of the
nature of damages proposed by the customer or their legal representative. This clause is to be considered a
material, fundamental and essential term of the bargain between the customer and HD.

24.6 You may have the benefit of statutory guarantees under the Consumer Guarantees Act 1993. Unless you use,
or hold yourself out as using, the services for the purposes of a business.

24.7 No failure or delay by us to exercise or enforce any of our rights under this agreement will operate as
a waiver of such rights nor will such failure or delay in any way prejudice or affect our rights at any time
thereafter to act in strictly in accordance with our rights under this agreement.

24.8 The Customer agrees that all conditions, warranties, representations or other terms concerning the
supply of the Product which might otherwise be implied or incorporated into the contract or any collateral
contract, whether by statute, common law, custom or otherwise, are hereby expressly excluded to the fullest
extent permitted by law.

The Product/Services provided from or through its website by HD is provided on an “as is”, “as available”
basis. All warranties, express or implied, are disclaimed including but not limited to, any implied
warranties of the merchantability and fitness for a particular purpose of Product/Services. The maximum
liability of HD for the Product, for any reason shall be limited to the amount paid by the Customer for the
particular items purchased and in the event of a regular supply of Product, a sum equivalent to three
month’s such supply. The Customer hereby accepts that the maximum liability of HD, for any reason shall be
limited to the cost of the content, goods or services provided to the Customer by HD.

To the extent that any dispute should arise about the inconsistency of terms in relation to this contract,
the Customer will submit to the discretion of HD to determine the interpretation of an inconsistency.

You agree and acknowledge that all Intellectual Property Rights and other rights in any Service, (whether
developed individually, collectively or jointly with you) including but not limited to the Equipment and
Software are either owned by or licensed to HD.

You agree to not use the name, brand, logo or TradeMarks of HD or its affiliated or related companies without
prior written consent of HD and not to take action or be associated with any activity that may interfere
with or diminish HD or its affiliated companies rights, titles and or interest in any of the Trade
Marks.

Waiver for damage if a colocation device is supplied without proper rack mounting equipment, otherwise the customer has to accept the risk of possible damage to their equipment.

If you cancel your colocation and there is a debt due on your account, your server will be held in lieu of any debt due, even if the equipment is more valuable than the debt. You have 180 days to zero balance the due amount left on your account otherwise you agree to forfeit/gift your server asset to HD to sell to recover any debts.

If you cancel your colocation server and do not pick it up within 14 days after cancellation, HD will charge you a one off storage fee until picked up, refer to our Service Charges on our website for details.

Any parts from your server such as rails, power leads etc are not returned after your colocation service has ended HD, we will do our best to supply the missing parts but will NOT be held liable for them or pay for their replacement.

While HD makes every reasonable effort to protect data stored in the HD Datacentre, HD accepts no liability for the Customer’s data residing on any equipment in any way. The Customer is solely responsible for maintaining offsite backups.

The Customer agrees to pay a Backup fee per incident to restore the Customer’s data where possible, refer to our Service Charges on our website for details.

The Customer agrees that the scope of HD’s backup and scheduling of backups shall be at its sole and exclusive discretion and that the Customer waives any legal right or objection in relation to HD’s decisions in relation to these matters.

The Customer agrees that HD shall not be held liable for the retention and or restoration of any data held on its servers at any time.

All business plans offered by HD are on a fixed term contract for 12 or 24 months.

If you cancel your contract before the fixed term has expired then our Early Contract Termination Fee will apply, refer to our Service Charges on our website for details.

You acknowledge that the provisions of the Consumer Guarantees Act 1993 do not apply to services you buy for business purposes.

Further Charges for additional services may apply, such as move of address, change of service type.

After suspension or termination of a dedicated server, where money is left owing on The Customer’s account, HD maintains control and ownership over the dedicated server asset and any data residing on the hardware after the termination date and remains the property of HD.

If, in HD’s opinion, there has been a breach of the Acceptable Use and Fair UsePolicies (Clause 20 & 21) by a person using an account ID allocated to your account, you agree we are entitled to suspend the service concerned without notice.

Unless otherwise specified in an additional service agreement, the service provided by HD will not include:

You agree to provide us with accurate information about yourself and/or your organisation. In particular, you agree to ensure the customer name field of the account application form bears your full legal name.

You also agree to provide us with any information we reasonably ask for to help us provide Services to you, or to comply with any legal requirements we may have in providing the Services.

You agree to modify your details by logging in to the secure account portal at www.hd.net.nz when any of your contact details change. HD will not be responsible in any way for any losses, damages, costs or expenses as a result of your failure to comply with this clause.

You agree to ensure your service is not used for any activity that breaches the law or infringes on another person’s rights.

You agree to ensure our service is not used in any way that interferes with other customers, defames, harasses or menaces anyone.

You must not reproduce, distribute, copy, download, transmit or otherwise exploit any content which infringes any third party intellectual property rights or similar right unless you own or control the relevant rights or have obtained all the requisite licenses and approvals.

You must not interfere with, disrupt, hack, break into or access any part of the service, our content or any data areas on ours or our Third-Party provider’s servers for which you have not been authorised by us in writing.

HD may monitor your use of the Services and any material posted, downloaded, transmitted or communicated using the Services for compliance with HD' Terms. HD may pass any material or information it suspects to be illegal or offensive, to the relevant authority and you will have no claim against HD for this.

As per our Fair Use Policy (Clause 21) HD may monitor your use of the Services at any time with regard to reasonable usage and if it deems your usage is in excess of the agreed service plan(s), and, or it places an unreasonable strain on HD resources or services to its existing or prospective clients, HD reserves the right to request you to upgrade your service plan within 48 hours of email notification from HD to your last known contact address. Failure to authorise, or provide suitable remedies in the above event may result in the suspension of your services.

The "customer" can be referred to as the "Name Holder and/or Registrants".
This is a person or party who wishes to obtain a domain name.

HD Net Limited trading as HD or Unlimited Internet acts as the Registrar Agent. Our role is
that of an agent acting for you at the Registrar, Crazy Domains FZ-LLC, who in turn act for
you at the Registry.

Crazy Domains FZ-LLC is the Registrar. They set out the policies, issue authorisation keys
and keep master records, among other things. By accepting these Terms and Conditions, you also accept as set
out in clause 30.5 the Terms and Conditions of Crazy Domains FZ-LLC in their role as Registrar.

We agree that upon complying fully with your obligations under this Agreement (including without limitation
making payment of all fees in full) we will:

Comply with all policies promulgated by any lawful authority from time to time and all statements of
roles and responsibilities and accurately represent all of these to you.

Disclose accurately and completely all our terms and conditions associated with your use of our services
to register and maintain a domain name sought to be used by you, including price and billing
information.

Comply with your lawful directions in a diligent and timely manner regarding your domain name (for
example, registration, cancellation, amendment, deletion and associated technical support and billing)
PROVIDED HOWEVER our accepting your instruction does not provide any guarantee that the domain name(s)
sought to be registered is available or will be able to be secured for you.

Notify you of the registration of your domain name(s), including the details of: the domain name, your
contact details, our contact details, the registration period, the unique authentication ID for your
domain name and your obligations as a registrant.

Arrange for correction of any error in the information in the register about any domain name registered
to you when requested.

You will receive separate confirmation (by email) that your domain name has been successfully
established.

Provide to you, or to someone we reasonably believe to be acting on your behalf, the unique
authentication ID for your domain name when requested and for no charge.

Use your personal information only as per our Privacy Policy Clause 16

Comply with any order of any authority having jurisdiction regarding any domain name registered to
you.

Use our best endeavours to deal with any complaints you may have about the services we provide for
you.

You must become familiar with the benefits and liabilities of owning any domain name. HD does not as part of
the application process advise you on any aspect of the commercial value in your name.

You must establish at law your rights to own and use the domain name. In particular you must satisfy yourself
that no trademark or other intellectual property rights of third parties will be infringed. When a domain
name in any domain name space is registered to you, or in your name as directed by you, you agree:

That the following information becomes available to any member of the public: your name; your contact
details; and the domain name, its commencement and expiry dates and address/details of the nameservers
for it, and our name.

The domain name is registered in your name only because no other person has it according to the records
of the register; and

Neither we nor anybody else is representing anything else to anybody regarding the domain name. The
entry of a domain name in the "whois" database shall not be taken as evidence of anything other than
such registration; and

That you protect and fully indemnify us and everybody we have a business relationship with to provide
services to you, from any claim arising out of the domain name being registered in your name or as you
direct.

Comply with the .nz policies promulgated by any lawful authority from time to time and all statements of
roles and responsibilities issues by the DNC. You agree that you have read and understood all .nz
current policies and statements posted at the official website of
the DNC.

HD will apply for and maintain your domain name for you. You must pay to HD the annual renewal fee.

All fees must be paid on time and in advance to HD. If you don't, this may result in your domain name and all
services associated with it being removed from the Internet and/or HD ceasing to provide its services to
you.

You must verify the Registrant contact details for your domain name within 15 days of initial registration,
transfer or Registrant change. Failing to do so will result in the domain name being suspended until the
Registrant verification is completed.

You must modify your details using the interface provided at HD's website when any of your contact details
change. HD will not be responsible in any way for any losses damages costs or expenses as a result of your
failure to comply with this clause.

30.5.1 In submitting this form you agree generally to indemnify and hold HD, its officers and employees
harmless from and against all claims and expenses, losses and damages including reasonable legal fees
arising from a breach by you of these terms in any way or arising out of the performance or provision by HD
of any action or service at your request.

30.5.2 The terms and conditions enforced by Crazy Domains FZ-LLC and which apply at the time of your
application for a domain name and subsequently shall apply to you and you agree to comply with them. HD is
authorised to accept on your behalf that you will comply with them. Full details of the present terms and
conditions can be found in the Crazy Domains FZ-LLC terms and conditions https://www.crazydomains.co.nz/privacy/terms-specific-gtld/#privacy
and selecting the appropriate domain type.

30.5.3 HD reserves the right to add to, alter or remove these terms and conditions in whole or in part,
whether as a result of changes in Crazy Domains FZ-LLC policy or terms and conditions or otherwise. HD shall
give such reasonable notice, as it is able of any change to these terms and conditions.

30.5.4 This Agreement by HD to act as your Registrar Agent and these terms and conditions shall be construed
and enforced according to New Zealand law and the New Zealand Courts shall have jurisdiction in respect
thereof.

30.5.5 HD cannot guarantee that due to circumstances beyond our control your requested domain name will be
assigned to you. In the event that your domain name registration, renewal or transfer is not processed
successfully, we will refund you for all fees charged.

30.5.6 By accepting these terms and conditions you agree to abide by HD's Acceptable Use and Fair Use
Policies - Clauses 20 & 21.

30.6.1 DNC is the entity which regulates the .nz domain name market space.

30.6.2 DNC provides a domain name registration data query service (Query Service) (see section 21 of .nz
Operations and Procedures policy for further details). Through the Query Service, the public is able to
access the register with respect to a particular domain name from DNCL's website. Subject to the Individual
Registrant Privacy Option ("IRP") referred to in clause 30.6.7 below, in response to a Query, registrants'
personal information will be available (along with the domain name, its commencement and expiry dates and
addresses/details of the name servers for it, and our name).

30.6.3 When a name is cancelled it holds a pending release status. During the pending release period of 90
days from the date of cancellation, a registrar may fully reinstate the domain name for the registrant, so
that it becomes active again. This means that your personal information remains viewable on the Query
Service for that 90 day period. Following the 90 day period when your name is released, your personal
information will no longer be disclosed on the Query Service.

30.6.4 To the extent GDPR applies, EU registrants have the right to object to their personal information
being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that
it has compelling legitimate grounds for disclosing personal information on the Query Service. This is
because without the Query Service, the integrity of the .nz domain name space would be significantly
undermined.

30.6.5 For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal
information being made available on the Query Service.

30.6.6 To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause
30.6.5. However, any withdrawal of consent is without prejudice to DNC’s position that it has a legitimate
interest in disclosing the personal information on the Query Service.

30.6.7 The IRPO is an optional feature available for individuals who are not using the domain name it is
applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and
contact address information will not be disclosed on the Query Service (“Withheld ata”). If you use your
domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz
Operations and Procedures policy for further details)

30.6.8 Despite clause 30.6.7, Withheld Data may be released in the following circumstances:

Where applications are made by any person, entity or organisation who have established a legitimate
need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);

Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with
the force of law (see sections 22.23-22.24 of .nz Operations and Procedures policy);

Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access,
or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations
and Procedures policy).

30.6.9 To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to
object to Withheld Data being disclosed in the circumstances described in clause 30.6.8. However, pursuant
to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and
in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these
circumstances.

As consideration for HD's domain name registration, administration, and renewal services, you agree to pay
HD, upon submission of your domain name application, renewal application, or registrar transfer application
to HD, the then-current fees set forth on HD’s website for such services. Prices are subject to change
however the current prices will always be displayed on the HD website.

All fees are non-refundable, in whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current registration term. HD reserves the right to
change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole
discretion.

Your domain name application, renewal application, or registrar transfer request will not be submitted to the
applicable registry unless we receive actual payment of the registration, renewal, or transfer fee.

In the event of a charge back by a credit card company (or similar action by another payment provider allowed
by us) or other non-payment by you in connection with your payment of the registration, renewal, or
registrar transfer fee, you acknowledge and agree that the registration shall be transferred to HD as the
entity that has paid the registration, renewal or transfer fee for that registration to the registry and
that we reserve all rights regarding such domain name including, without limitation, the right to make the
domain name available to other parties for purchase. We will reinstate any such registration solely at our
discretion and subject to our receipt of the applicable registration, renewal of transfer fee and our then
current reinstatement fee, currently set at NZ$50.00.

The Registrant contact for a domain name along with the Billing Contact for the account will be notified (by
email) at days 45, 20 and 7 before a renewal fee is due and at days 1 and 14 after the domain name expiry.
Therefore it is vitally important for email contact details to be correct. Customers can use the My Account
facility on the HD website to update details if required. The renewal notification will contain a link to a
payment page where your domain name can be renewed by credit card only.

HD will not be liable for any failure to renew a domain name where you have not maintained your correct
contact details. The renewal notification email will be sent from
accounts@hd.net.nz so we recommend that you set this email address as a ‘safe sender’ to
avoid notification emails being blocked by spam filtering software.

Service Auto-Renewal, if you do not agree to these terms and conditions, do not check the box or provide your
credit card information.

By checking the box and providing your credit card billing information, you agree that your service
subscription will automatically renew for successive renewal terms, and you expressly authorise and
permit HD to bill each service renewal fee to the credit card you have provided, until you cancel the
automatic renewal of your services.

HD will send at least one email notice of upcoming auto-renewal prior to auto-renewing your service.
This notice will be sent to the Billing Contact for your account and you agree it is your responsibility
to ensure your contact details are valid at all times.

(c) You may cancel your auto-renewal at any time unless there is an auto-renewal currently in progress. If
you discontinue or do not select automatic renewal and billing of your subscription, you must manually renew
your subscription to prevent interruption of service.

(d) Automatic renewal transactions will usually be processed on the day before your existing service expires,
so if you want to cancel your automatic renewal, you should do so at least 48 hours prior to your service
expiry date to ensure that the cancellation is possible. You will not be able to cancel an auto-renewal on
the day it is due to be processed.

(e) HD cannot be held responsible for loss of a domain name or other service if the auto-renewal is cancelled
or your credit card details are not up to date, preventing the auto-renewal from taking place.

(f) HD will notify you of any failure to process an auto-renewal and you can then arrange for alternative
payment.

(g) You agree that you are responsible for payment of all fees related to any service that you have set to
auto-renew. Once the service renewal has been processed it cannot be reversed nor any fees refunded.

Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any
email and website hosting services to cease operating.

New domain name registrations cannot be cancelled after initial registration.

Failure to renew your domain name(s) will result in the domain name(s) being cancelled. This will cause any
email and website hosting services to cease operating.

Cancelled domain names may be transferred to a holding pool for a period of 30 days. During this 30 day
period the current Name Holder may be able to reactivate the name by paying any outstanding renewal fees. If
reactivation by the current Name Holder does not occur within 30 days of cancellation, or for some domain
extensions where there is no holding period, additional fees will apply to redeem the domain name or
redeeming may not be possible. The fees to restore a domain name from the Redemption Period refer to our
Service Charges on our website for details.

We may end the agreement for any other reason by giving you one month's notice.

30.9.1 If a claim is made or threatened against us by any third party, we may immediately terminate or
suspend registration or refuse any request for service unless in our sole discretion we are satisfied that
the claim is wholly without merit or you provide us with sufficient security (in our discretion) to protect
and indemnify us against that claim. Any cancellation, supervision or refusal by us under this clause does
not give you any right to claim damages

compensation or any losses of any nature from us.

30.9.2 We exclude all liability we may have to you for any claim except where we have acted in bad faith.
This exclusion also applies for the benefit of:

a) The Registry and any other entity we are in any business relationship with;

b) Every officer, employee, contractor, agent of us or any entity in clause 30.2;

c) Anyone else we get to perform our duties under any agreement you have with us.

30.9.3 None of the persons specified above is liable or has to pay you for anything else in connection with
or resulting from anything any of us does or does not do, or delays in doing, whether or not it is
contemplated or authorised by any agreement you have with us.

30.9.4 This exclusion applies whatever you are claiming for and in whatever way liability might arise.

30.9.5 Unless we otherwise agree in writing, these terms and conditions and the HD’s General Terms and
Conditions contain all the terms of our relationship and continue to apply no matter where you are located
at the time any of the services are provided or where you reside. This will be the case until this agreement
is cancelled, except to the extent clause 30.5 says otherwise. To that extent legally permitted:

a) All our services are provided under New Zealand law;

b) Any claim or dispute arising out of or in connection with this agreement must be instituted within 60
days from the date the relevant service was supplied to you;

c) Except as otherwise stated, you may take action against us only in a New Zealand Court;

d) Where you or any registrant for whom you act supplies incorrect information regarding a domain name
and we incur cost in any matter concerning that name then we may recover the costs incurred by us from
you.

30.9.6 We have excluded all other liability we or any of the persons specified in clause 30.2 may have to
you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of
liability set out in clause 30.9.2 then this clause applies.

30.9.7 This exclusion does not prevent you getting a Court order requiring us to do anything we have agreed
to do for you and does not limit any rights you may have (if any) under the Consumer Guarantees Act
1993.

30.9.8 To the extent that you are using our services for a business or business purposes you agree that the
Consumer Guarantees Act 1993 does not apply.

When an individual or organisation registers a .nz domain name, they agree to the .nz Terms and
Conditions, which includes that the domain name must not infringe upon the legal or intellectual
property rights of others.

If you believe a .nz domain name registered with NZ infringes upon your rights there are options
available to you, including:

Contact the domain registrant to negotiate a resolution

Seek independent legal advice

Lodge a formal complaint with The Domain Name Commission’s Dispute Resolution Service (http://dnc.org.nz/complaint). Their informal
mediation service is free of charge however fees do apply for obtaining an ‘expert
determination’.

Neither HD nor the Domain Name Commissioner can get involved in disputes regarding who the true
Registrant of a domain name should be, but we will take action as directed either by the Courts or
by an Expert Determination given under the Dispute Resolution Service.

gTLD Disputes

The Uniform Domain Name Dispute Resolution Policy (UDRP) implemented by ICANN applies to all
top-level
domains (TLD) registered through Freeparking. If you have a dispute related to a top-level domain
(.com,
.net, .org, .biz, .info) your options include:

You are bound by the terms of this document, even if you have entered into this document through an
agent, and even if you licence the use of the Domain Name to another person.

The registration of .au domain names is subject to your acceptance of these terms and conditions. In
proceeding with the purchase or use of any .au domain name, you expressly agree that you have read,
understood and are bound by these Terms (as may be updated from time to time).

ND Net Limited trading as Unlimited Internet acts as the Registrar Agent. Our role
is that of an agent acting for you at the Registrar, Crazy Domains FZ-LLC, who in
turn act for you at the Registry.

Crazy Domains FZ-LLC is the Registrar. They set out the policies, issue
authorisation keys and keep master records, among other things. By accepting these Terms and
Conditions, you accept the below Terms and Conditions of Crazy Domains FZ-LLC in their role as
Registrar.

Crazy Domain FZ-LLC - .au Domain Registrant Agreement

This document sets out the terms and conditions of your application for a domain name, and if
successful, your domain name licence. It records the agreement between you, the applicant or holder
of a domain name licence, and us the registrar, in relation to the domain name.

Summary of Terms and Conditions

If your application for a domain name is accepted and approved, you will be granted a one year
Domain Name Licence for that domain name.

You are required to make several statements to us in relation to your domain name application
please read them carefully to ensure that those statements are correct.

You are entitled to transfer your domain name registration to another registrar, and we will
facilitate such transfer for you according to our obligations under auDA's Published Policies
(see www.auda.org.au)

You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain
name, as well as such other dispute resolution policy which may be adopted by auDA from time to
time.

You accept that our liability and auDA's liability to you under these terms and conditions are
limited.

all the information set out in your Domain Name application, and all information you give us, are true,
complete and correct, and are not misleading or deceptive, and your application is made in good faith,
and

you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria
prescribed in the Published Policies for registering the Domain Name, and

you have not previously submitted an application for registration with another registrar, a domain name
which is the same as the Domain Name, in circumstances where:

you are relying upon the same eligibility criteria for both domain names, and

the Domain Name has previously been rejected by the other registrar, and

your registration or use of the Domain Name does not infringe any person's legal rights, and

you are aware that even if the Domain Name is accepted for registration, your entitlement to register
the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.

You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading,
then either we or auDA may cancel your Domain Name Licence.

You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of
any of us relying upon your above statements.

You must comply with all auDA Published Policies, as if they were incorporated into, and form part of this
agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the
auDA Published Policy will prevail to the extent of such inconsistency.

You acknowledge that under the auDA Published Policies:

there are mandatory terms and conditions that apply to all domain names licences, and such terms and
conditions are incorporated into, and form part of, this agreement; and

Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and

auDA may delete or cancel the registration of a .au domain name.

Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us)
of any change to any information which you have given us.

auDA, the right to publicly disclose to third parties, all information relation to the registered Domain
Name in accordance with the Published Policies;

us, the right to disclose to the Registry Operator, all information which are reasonably required by the
Registry Operator in order to register the Domain Name in the domain names registry;

the Registry Operator, the right to publicly disclose to third parties, all information relation to the
registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that
such disclosure is consistent with the National Privacy Principles, and the Published Policies.

auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy),
which applies in the event of a dispute between a registrar and a domain name licence holder, or between a
domain name licence holder and a third party, in relation to entitlements to domain names.

The auDRP binds you and us severally as if it were incorporated in this document.

You accept that:

auDA may develop and implement other dispute resolution policies which are accessible by you as an
alternative and further to any complaints handling procedure adopted by us, and

such policies bind you and us severally as if they were incorporated in this document.

We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance
with the Published Policies. The Published Policies will address such matters as:

the maximum fees which we can charge you for such transfer,

when we are not allowed to charge you fees,

the conditions under which we must transfer the registered Domain Name, and

the conditions under which we are entitled not to transfer the registered the Domain Name.

If:

we are no longer an accredited registrar, or

our auDA Accreditation is suspended or terminated, or

our registrar agreement with auDA is terminated by auDA, then we will transfer the registered Domain
Name to a new registrar in accordance with the Published Policies within 30 days of a written notice
being provided to you by auDA.

If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the
registered Domain Name to another registrar.

To the fullest extent permitted by law, auDA will not be liable to you for any direct, indirect,
consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation,
loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered
by you arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of
auDA, its employees, agents or contractors.

You agree to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from
all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your
registration or use of the .au domain name.

You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to
terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar
agreement.

You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain
names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened
claim against a registrar or a domain name licence holder, including one relating to registered or
unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other
identifying indicium or of an individual or other intellectual property rights of a third party or relating
to the defamation or unlawful discrimination with respect to any other person.

Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we
are liable to you for consequential, indirect or special losses or damages of any kind (including without
limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by
you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or
subcontractors.

Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.

We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to
enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is
an intended third party beneficiary of this document.

Clause 31 is governed by and is to be construed in accordance with the laws of Victoria, Australia. Each
party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of Victoria,
Australia and waives any right to object to proceedings being brought in those courts.

HD strives to offer you the best service possible and we welcome any suggestions you may have for how we can
make improvements. We are committed to handling all complaints promptly and fairly.

If you believe that HD, or one of our Affiliates or Customers, has breached one of more of our stated
policies, or if you have a concern or suggestion regarding our services or policies please contact us by
sending an email to support@HD.co.nz or calling 09 280 4135.

If you maintain that you have a valid claim against HD arising out of the service agreement, it must be
notified in writing to HD within 12 months of the incident giving rise to such claim or you will be deemed
to have waived your rights under the respect of such claim.

You will not withhold any payment for any fees which are not in dispute.

This Agreement shall supersede all proposals or prior Agreements, oral or written, and all other
communications between the parties relating to the subject matter of this Agreement.

HD may amend these Terms or any “Additional Service Agreement” or any other Policy at any time.
This will vary our Agreement with you. When a variation is major or affects your regular monthly invoice we
will provide you with 30 days notice of this change be email. For minor changes that do not affect your
invoice we will update our website and in doing so you are deemed to have accepted the amendments. The
amendments we make will apply on the date specified on the updated Policy We will interpret your ongoing use
of our Services after that date as constituting your acceptance of the amendments.

If you do not agree to the amendments, you may notify us by email requesting termination of the Agreement,
and any applicable minimum terms will be waived in these circumstances.

We reserve the right to modify, enhance and withdraw the service at any time. In the event of any change, we
will notify you by email giving reasonable notice of the change(s).

You may have multiple Services or Services with us. Any variation in your Agreement as it affects one Service
or cancellation of one Service shall not affect any other Service you have with us, nor give rise to a right
to cancel such other Service(s).

I have read, understood and fully comprehended these terms and conditions and Policies and their full nature,
extent and effect.

I understand that typing in my First, Last name and Email address and clicking the check box during the
signup process on HD’s web sites, I am making an electronic signature with the same nature, extent and
effect of a written signature.

You have agreed verbally to these Terms and Conditions during your recent telephone signup with HD/HD contact
centre staff.

By paying your first invoice you agree to these Terms and Conditions and Policies that apply to all goods,
products and services of any kind supplied by HD.

If I sign or purport to complete this contract on behalf of any corporate body I accept personal
responsibility for any guarantee the due performance of the body of this contract and indemnify HD
accordingly.

I have read, understood and fully comprehended these terms and conditions and Policies and
their full nature, extent and effect.

I understand that typing in my First, Last name and Email address and clicking the check box during the
signup process on HD’s web sites, I am making an electronic signature with the same nature, extent and
effect of a written signature.

You have agreed verbally to these Terms and Conditions during your recent telephone signup with HD/HD contact
centre staff.

By paying your first invoice you agree to these Terms and Conditions and Policies that apply to all goods,
products and services of any kind supplied by HD.

If I sign or purport to complete this contract on behalf of any corporate body I accept personal
responsibility for any guarantee the due performance of the body of this contract and indemnify HD
accordingly.

For the purposes of these terms and conditions, the following words and expressions shall have the meanings
hereby assigned to them except where the context otherwise requires:

Agreement - means this Agreement and its terms and conditions and policies that relate to providing the
services to you.

“Additional Service Agreement” - means the terms and conditions specific to a Service, which will
become a part of this Agreement when you order that Service.

“Client”, “Customer”, “You” and “Your” means the party or
parties who are authorised to make decisions regarding signing up/registering and understanding/accepting
these terms and conditions – who utilize Products and/or Services provided by HD;

“Content” - means textual, graphical, audio or like materials, together with any software, which
can be uploaded or downloaded to or from the web.

“DNS” The Domain Name System (DNS) is a hierarchical naming system for Computers, Services, or
any resource connected to the Internet or a private network. It associates various information with domain
names assigned to each of the participants. Most importantly, it translates domain names meaningful to
humans into the numerical (binary) identifiers associated with networking equipment for the purpose of
locating and addressing these devices worldwide. An often-used analogy to explain the Domain Name System is
that it serves as the “phone book” for the Internet by translating human-friendly computer
hostnames into IP addresses.

“HD”, “us”, “we” and “our” means HD;

“Incident” occurring etc. by chance in connection with something else an incidental occasion.

“Intellectual property rights” means patents, Trade Marks, registered designs, applications of
any of the above, copyright and other similar protected rights in any country.

“IP Address(s)” The Internet Protocol (IP) is a protocol used for communicating data across a
packet-switched network using the Internet Protocol Suite, also referred to as TCP/IP.

"Managed Services" - means any procedures carried out by HD at the customer's request which is outside the
scope of standard support and for which a charge will apply.

“Network” means any IP data going via HD’s network, TCP or UDP, data transmission, digital
transmission or digital communications is the physical transfer of data (a digital bit stream – is a
time series of bits) over a point-to-point or point-to-multipoint communication channel. Examples of such
channels are copper wires, optical fibres, wireless communication channels, and storage media. The data is
represented as an electro-magnetic signal, such as an electrical voltage, radio waves, microwave or
infra-red signal.

"Our website" - means www.unlimitedinternet.co.nz or www.hd.net.nz any promotional domains which resolve to
the same IP address as www.unlimitedinternet.co.nz or
hd.net.nz from time to time.

“Servers” means a computer, sometimes called a web server, is a computer system that provides
essential services across an IP network, to private users inside a large organisation or to public Internet.
Many servers have dedicated functionality such as web servers, print servers, file servers and database
servers.

"Service", - means any Service provided to you by HD Net.

“Third-Party Service Provider” - means any third party service provider or contractor on whom HD
depends on the provision of any Service or any part thereof or whose service, license, approval or
fulfilment or certain obligations to HD will affect HD provision of a service or any part of a service.

“WHOIS” means the query and response protocol widely used for querying domain databases in order
to determine the registrant or assignees of Internet resources, such as a domain name, an IP address block
or an autonomous system number.